Other articles in this issue of the Journal have addressed the meaning and reach of the elusive term ‘synodality’. For present purposes the expression is taken to embrace shared decision making in which a diocesan bishop takes counsel, consults and, in certain instances, obtains the concurrence of others, within a prescribed institutional framework. These various processes will include the involvement of the inferior clergy and the non-ordained.
The variations in practice between the autonomous provinces of the Anglican Communion is considerable, and this discussion therefore is at a high level of generality. Whilst it draws on the laws of the Church of England, this is by way of example only and should not be taken as being representative of the Anglican Communion as a whole.Footnote 1 In many ways the Church of England is an outlier. Most other provinces have provision for diocesan canons, which augment provincial canons, and there is a more developed practice of local law making or subsidiarity. Australia is an example of this, where there can be considerable variations in canon law as between different dioceses.
The Principles of Canon Law Common to the Churches of the Anglican Communion Footnote 2 include the following principle dealing broadly with the diocese and its governance.
Principle 20: The diocese and diocesan legislation
1. A diocese consists of the faithful in a particular territory overseen by a bishop.
2. Dioceses are to associate in provinces in accord with ancient usages of the church.
3. Formation, alteration or suppression of a diocese is in the keeping of the central church assembly and may be effected in such cases and manner as are allowed by law.
4. A see becomes vacant on the death, resignation, retirement or removal of its bishop.
5. The diocesan assembly, namely synod, council or other such body, may have Footnote 3 authority to legislate for the diocese.
6. A diocesan bishop may give or withhold consent to proposed diocesan legislation to such extent as is provided by law, but may not legislate unilaterally.
The precise terminology of principle 20.5 is significant. In some provinces the diocesan assembly (howsoever called) has authority to legislate for the diocese.Footnote 4 However, this is not universal, and for many legislative competence is allocated to a superior body at provincial or national level.Footnote 5
The Church of England
Focusing on the Church of England, a diocesan synod consists of a house of bishops, a house of clergy, and a house of laity. Membership is governed by the Church Representation Rules. It consists of ex officio members and others, clergy and laity, elected by deanery synods or co-opted. Elections take place every three years. Individual dioceses may implement schemes varying these procedures to meet the special circumstances of the diocese, and provision may also be made for area synods for any episcopal area constituted within a diocese.Footnote 6
The purpose of the diocesan synod is to consider matters concerning the Church of England, to make provision for such matters in relation to its diocese and to consider and express its opinion on matters of religious or public interest.Footnote 7 In addition, it advises the bishop on any matters on which they may consult the synodFootnote 8 and considers and expresses its opinion on any matters referred to it by the General Synod, and in particular the approval or disapproval of provisions relating to forms of Christian worship or union with other Christian bodies.Footnote 9 It must consider proposals for the annual budget for the diocese and approve or disapprove them, and consider the annual accounts of the diocesan board of finance.Footnote 10
The function of advising the bishop may be discharged on behalf of the diocesan synod by the bishop’s council and the standing committee.Footnote 11 The diocesan synod may not, however, issue any statement purporting to declare the doctrine of the Church on any question.Footnote 12 It must keep the deanery synods informed of the policies and problems of the diocese and of the business to come before it. Through deanery synods, it must keep itself informed of events and opinion in the parishes and provide opportunities for discussion in its meetings of matters raised by deanery synods and parochial church councils.Footnote 13
Each diocese must have a diocesan board of finance, which is a company for the purposes of English company law and which holds property for purposes connected with the Church of England and transacts business in relation thereto.Footnote 14 Its composition is regulated by Measure, as are its functions, which are to deal with matters concerning Church land and money in accordance with the instructions of the diocesan synod.Footnote 15 The collection of the diocesan quota is administered in accordance with diocesan norms, although there is provision for the diocesan synod to delegate to deanery synods functions including the determination of parochial shares.Footnote 16
Other functions include prescribing and regulating the composition and procedure of deanery synods.Footnote 17 The diocesan synod may subdivide the diocese into areas for the purpose of elections to General Synod.Footnote 18 It is responsible for establishing procedures for the inspection and repair of buildings, including a scheme for the inspection of churches by architects at least once every five years.Footnote 19 It also has certain responsibilities for clergy houses under the auspices of the diocesan parsonages board.Footnote 20
The procedure of a diocesan synod is governed by the Church Representation Rules and by standing orders. All three component houses of the diocesan synod (bishops, clergy and laity) must agree to a decision if it is to be deemed to have the assent of synod. Generally, such assent is presumed by the majority vote of all members of synod present and voting unless the bishop (if present) or any ten members present demand that a separate vote be taken of each of the houses of clergy and laity.Footnote 21 In the event of an equal division of votes in the house of bishops, the diocesan bishop has a second or casting voteFootnote 22 and he or she also has a right to require that their opinion on any question be recorded in the minutes.Footnote 23
Other boards and committees exist within the diocese, each with varying responsibilities. They include:
i. The diocesan parsonages board, a body corporate responsible for matters relating to property owned by the Church;Footnote 24
ii. The diocesan mission and pastoral committee, responsible for reviewing the arrangements for pastoral supervision in the diocese and making recommendations in relation thereto;Footnote 25
iii. The diocesan board of education, responsible for promoting education consistent with the faith and practice of the Church of England and co-operation with other religious bodies and local education authorities;Footnote 26
iv. The diocesan advisory committee, to advise on matters arising under the faculty jurisdiction;Footnote 27
v. The diocesan board of patronage, responsible for certain appointments to benefices;Footnote 28 and
vi. The diocesan redundant churches uses committee, charged with finding alternative uses for redundant churches.Footnote 29
Acknowledgements
This article is based on a paper delivered to the Twenty-Third Colloquium of Anglican and Roman Catholic Canon Lawyers, ‘Canon Law and Synodality’, meeting at the Pontifical University of St Thomas of Aquinas, The Angelicum, Rome, 24–27 September 2024. A version of this article was originally published in edition 206 of the Newsletter of the Canon Law Society of Great Britain and Ireland and is published here with the permission of the Canon Law Society of Great Britain and Ireland.
